KRISHNADEO LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenge in this appeal is the judgment dated 30.01.2015 and order of sentence dated 31.01.2015 passed by Additional Sessions Judge, Samastipur in Sessions Trial No. 248/2013 convicting the sole appellant for an offence punishable under Sections 363, 364/511 of the Penal Code and sentenced him to undergo RI for five years under Sec. 363 Penal Code as well as also slapped fine of Rs. 3000.00 and also sentenced to undergo RI for five years under Sections 364/511 Penal Code with fine of Rs. 3000.00 and in default thereof, to undergo imprisonment of two months additionally with further direction to run the sentences concurrently.

(2.) Rinku Devi (PW 4) filed a written report on 13.04.2013 disclosing therein that her daughter aged about two years was lying on a cot in the courtyard on 104.2013 at about 7.30 PM. Krishnadeo Lal @ Krishna (Accused) who happens to be resident of her own Tola, with an intention to kill her daughter lifted and ran away. She raised alarm over which, after covering some distance, appellant threw the child. However, he was apprehended by the villagers who took him to the place of Mukhiya and then thereafter, on arrival of the police, he was produced along with written repot. Furthermore, it has also be disclosed that about 1 and a months ago, he had committed murder whereupon, they are afraid of.

(3.) On the basis of the aforesaid written report, Ujiarpur PS Case No. 61/2013 was registered whereupon investigation commenced and concluded by way of submission of charge-sheet which ultimately gave a passage to the trial and met with ultimate conclusion, the subject matter of instant appeal.